Summary
Trial Period Features
As indicated in the labor code (article L 1221-20), the trial period has a dual function:
- for the employer, it is a period during which he will test the performance of his employee;
- for the employee, it is a period during which he will test his workstation, the company and the working conditions.
Renewal of the trial period
Since the labor market modernization law, the trial period can be renewed but according to specific rules.
Categories | Maximum initial term | Maximum duration with a renewal |
Worker Employee |
2 months | 4 months |
Technician Agent-control |
3 months | 6 months |
Frame | 4 months | 8 months |
Termination of the employment contract during the trial period: the procedures
Termination of the trial period may be at the initiative of the employee or the employer. This termination, whether it comes from the employer or the employee, can be pronounced without reason. (Court of Cassation of 03/25/1985 n° 83-44.938)
Termination by the employer:
When the employer terminates the contract during the trial period, this must be related to the employee’s performance, and in no way influenced by an external event (reduction of activity, elimination of the position, etc.). .).
Some collective agreements may nevertheless require information by registered letter, as well as a motivation.
The employer is not required to pay any compensation.
The employer must give the employee all the documents provided for in the event of a breach of the employment contract, namely:
- a receipt for the balance of any account;
- the certificate intended for the Pôle emploi;
- a work certificate;
- the last payslip with its payment.
There are special cases for which the termination of the trial period must comply with certain formalities.
- In the event of termination for fault : in this case, the termination must be preceded by a preliminary interview. The employer must also send the employee, by registered letter with acknowledgment of receipt, the reasons for the termination, within a maximum period of one month;
- If the employee is protected : the employer must request authorization from the labor inspectorate before breaking the trial period of a protected employee.
Termination by the employee:
No formalism is mandatory, subject to conventional provisions. The employer must provide the employee with the same documents as those mentioned above.
Respect a notice period
Since June 27, 2008, employees and employers must meet a certain deadline, known as the “notice period”. The periods of notice depend on the time the employee is present in the company.
Time spent by the employee in the company | Deadline to respect in the event of termination of the employer | Deadline to be respected in the event of termination by the employee |
7 days | 24 hours | 24 hours |
8 days to 1 month | 48 hours | 48 hours |
After 1 month | 2 weeks | 48 hours |
After 3 months | 1 month | 48 hours |
The notice period must not have the effect of extending the trial period beyond the maximum provided for the employer. On the other hand, if it is the employee who takes the initiative for the termination, the notice period may have the effect of exceeding the maximum duration of the trial period.
The notice period is counted from the date of dispatch of the registered letter or from the date of delivery of the letter if it is given by hand to the employee.
This notice period also applies to CDD contracts with a trial period of at least one week.